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I was the driver photographed on a red light camera;

Good morning - I was...
Good morning - I was the driver photographed on a red light camera; however, my fiance is the registered owner. The citation came in the mail in his name. I have researched and found that California cannot require him to name the driver and we have provided a copy of his drivers license to show that he is not guilty of the offense. We have submitted the Request for Trial by Written Declaration with the supporting documents and the fine. Once the judge reviews and determines him "not guilty" (clearly it is not him driving), they will return the fine. Can California actually require him to name the driver (me)? Thank you!
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Answered in 5 minutes by:
3/7/2018
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 125,785
Experience: Attorney with over 24 years of law and traffic law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In CA, there is no legal duty for the registered owner to disclose the name of the driver. All the registered owner must do is prove it was not them driving the car at the time of the offense. Even if you lose the trial by declaration, pay to go to a real trial, because in trial the prosecutor has to prove by the photograph that it was your fiance driving the car and if they cannot do so the judge cannot make him disclose who was driving and has to dismiss the ticket and your bond for the trial will be refunded.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 125,785
Experience: Attorney with over 24 years of law and traffic law
Verified
Law Educator, Esq. and 87 other Traffic Law Specialists are ready to help you
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Customer reply replied 4 months ago
Awesome! Thank you so much.
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